Jackson City Zoning Code
ARTICLE II
Zoning Districts and Allowable Land Uses
§ 17.06.010 Purpose of Chapter.
This Chapter establishes the zoning districts applied to property within the City, determines how the zoning districts are applied on the Zoning Map, and provides general permit requirements for development and new land uses.
§ 17.06.020 Zoning Districts Established.
The City of Jackson shall be divided into zoning districts which implement the General Plan. The zoning districts shown in Table 2-1 are hereby established, and shall be shown on the official Zoning Map (Section 17.06.030 Zoning Maps Adopted).
§ 17.06.030 Zoning Maps Adopted.
The City Council hereby adopts the City of Jackson Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Department.
A.
Inclusion by reference. The Zoning Map, together with all legends, symbols, notations, references, zoning district boundaries, and other information on the maps, has been adopted by the City Council in compliance with Government Code Sections 65800 et seq., and is hereby incorporated into this Development Code by reference as though it were fully included here.
B.
Zoning district boundaries. The boundaries of the zoning districts established by Section 17.06.020 (Zoning Districts Established) shall be shown upon the Zoning Map.
C.
Relationship to General Plan. The Zoning Map shall implement the General Plan, specifically including the Land Use Designation Map.
D.
Map amendments. Amendments to the Zoning Map shall follow the process established in Chapter 17.160 (General Plan, Zoning Map, and Development Code Amendments).
E.
Zoning Map interpretation. The Zoning Map shall be interpreted in compliance with Section 17.03.020(D) (Rules of Interpretation Zoning Map Boundaries).
TABLE 2-1 ZONING DISTRICTS | |
|---|---|
General Plan Zoning Map Symbol | Zoning District Name |
Residential Districts | |
RS | Residential Suburban |
RL | Residential Low Density |
RSF | Residential Single Family |
RD | Residential Duplex |
RM | Residential Medium Density |
RH | Residential High Density |
Commercial and Industrial Districts | |
PO | Professional Office |
HC | Historic Commercial |
LC | Limited Commercial |
C | Commercial |
I | Industrial/Manufacturing |
Special Purpose Zoning Districts | |
P | Public/Institutional |
R | Recreational |
OS | Open Space |
Overlay Zoning Districts | |
(pd) | Planned Development |
(hc) | Historic Corridor |
(cf) | Creek/Floodplain |
(vc) | Visual Corridor |
§ 17.06.040 Zoning District Regulations.
A.
Purpose. Chapters 17.07 through 17.20 determine which land uses are allowed in each zoning district established by Section 17.06.020 (Zoning Districts Established), what land use permit is required to establish each use, and the basic development standards that apply to allowed land uses in each zoning district.
B.
Determination of allowable land uses and permit requirements. The uses of land allowed by this Development Code in each zoning district are identified in Chapter 17.07 (Residential Zoning District), Chapter 17.12 (Commercial, Office, and Industrial Zoning Districts), and Chapter 17.16 (Special Purpose Zoning Districts), together with the type of land use permit required for each use.
1.
Permit requirements. Table 2-1 provides for land uses that are subject to all applicable provisions of this Development Code, and:
a.
Permitted subject to first obtaining:
(1)
A Zoning Clearance (Chapter 17.72), for projects involving:
(a)
For nonresidential projects, a change in land use, new structures or additions, with a gross floor area of less than 7,500 square feet;
(b)
For nonresidential projects in the Historic Commercial and Industrial zoning districts, a change in land use, new structures or additions to existing structures, with a gross floor area of less than 5,000 square feet;
(c)
For residential projects, a change in land use, new structures or additions to existing structures with 10 or less residential units; and
(d)
A change in land use, new structures, additions to existing structures, new improvements, or additions to existing improvements with site disturbance (grading, impervious surfaces, and/or the removal of natural vegetation) of less than 26,000 square feet.
(2)
A Development Permit (Chapter 17.74) for projects involving:
(a)
For nonresidential projects, a change in land use, new structures or additions to existing structures, with a gross floor area of 7,500 square feet or more;
(b)
For nonresidential projects in Historic Commercial and Industrial zoning districts, a change in land use, new structures or additions to existing structures with a gross floor area of 5,000 square feet or more;
(c)
For residential projects, a change in land use, new structures or additions to existing structures with 11 or more residential units; and/or
(d)
A change in land use, new structures, additions to existing structures, new improvements, or additions to existing improvements with site disturbance (grading, impervious surfaces, and/or the removal of natural vegetation) of 26,000 square feet or more.
2.
Uses not listed. Land uses that are not listed in the tables or are not shown in a particular zoning district are not allowed, except as otherwise provided by Section 17.03.020(E) (Rules of Interpretation Allowable Uses of Land), Section 17.02.030 (Exemptions from Land Use Permit Requirements), or by obtaining a conditional use permit per Section 17.76 (Use Permits and Minor Use Permits).
3.
Commercial marijuana activity and other illegal uses. Notwithstanding any provision of this Code to the contrary, any land use that cannot be conducted or carried out without being in violation of State or Federal law or this Code, expressly including, but not limited to, medical marijuana dispensaries and any commercial marijuana activity, shall be prohibited in all planning areas and zoning districts within the City.
C.
Standards for parcels with multiple zoning districts. The following standards apply to the proposed development, use, or subdivision of parcels that are or may be designated with more than one zoning district.
1.
Parcels proposed for merger. Where a Lot Line Adjustment or Tentative Map application proposes the merger of two or more parcels, so that a single parcel would be covered by two or more zoning districts, the application for adjustment or map approval shall be accompanied by an application for rezoning the lot into a single zoning district, in compliance with Chapter 17.160 (General Plan, Zoning Map, and Development Code Amendments).
D.
Conflicts between provisions. Rules for resolving conflicts between different Development Code provisions may be found in Section 17.03.020(G) (Rules of Interpretation Conflicting Requirements).
(Ord. 702 §4, 2017)
§ 17.07.010 Purpose of Chapter.
This Chapter provides regulations applicable to development and new land uses in the residential zoning districts established by Section 17.06.020 (Zoning Districts Established).
§ 17.07.020 Purposes of Residential Zoning Districts.
The purposes of the individual residential zoning districts and the manner in which they are applied are as follows:
A.
RS (Residential Suburban) District. The "RS" zoning district is applied to lands for residential use, but with large lot sizes in order to promote and maintain the rural character of the area. The "RS" designation is also applied to areas characterized by terrain which is less suitable for higher residential densities. Minimum lot size is one acre. Population density and building intensity is one household and one single family dwelling per acre.
B.
RL (Residential Low Density) District. The "RL" zoning district is intended to provide a semi-rural residential land use. The minimum lot size is ½ acre. Population density and building intensity is one household and one single family dwelling unit per ½ acre.
C.
RSF (Residential Single Family) District. The "RSF" zoning district has been applied to areas in which urban services already exist or where they can easily be extended. The minimum lot size for "RSF" is 8,000 square feet. The population density and building intensity is one household and one single family dwelling per 8,000 square feet. When combined with the Planned Development (pd) designation the Planning Commission, at their discretion, may reduce the minimum lot size to 6,000 square feet as long as the following findings are made:
1.
Average slopes per lot are less than 15 percent;
2.
Surrounding transportation infrastructure can accommodate the increased density;
3.
Surrounding land uses are compatible with more dense single family residential; and
4.
Parking is adequate both on-site and on the street to accommodate both owners and guests.
D.
RD (Residential Duplex) District. The "RD" district is intended to be applied to properties predominately with duplexes, however, two detached residential units would also be allowed. The minimum lot size for "RD" development is 8,000 square feet. Population density and building intensity is one dwelling unit per 4,000 square feet of lot area.
E.
RM (Residential Medium Density) District. The "RM" zoning district is placed on lands where more intense residential uses, such as four-plexes, would be acceptable. The minimum parcel or lot size for "RM" development is 8,000 square feet with the building intensity limited to one dwelling unit per 3,000 square feet.
F.
RH (Residential High Density) District. The "RH" district is placed on lands which are suitable for multifamily housing. Minimum parcel or lot size is 4,000 square feet. The maximum allowable density and building intensity is one dwelling unit per 2,000 square feet.
§ 17.07.030 Residential Zoning District Land Uses and Permit Requirements.
A.
General land use permit requirements. Tables 2-2, 2-3 and 2-4 identify the uses of land allowed by this Development Code in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 17.06.040. (Zoning District Regulations).
Note: where the last column in the tables ("See Standards in Section") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply.
Table 2-2 identifies the uses of land allowed by this Development Code in the residential zoning districts, and the land use permit required to establish each use, in compliance with Section 17.06.040 (Zoning District Regulations).
TABLE 2-2 RESIDENTIAL ZONING ALLOWABLE LAND USES | |
|---|---|
Land Use | Allowable Uses |
RS | 1. Single family residential 2. Light farming except commercial rabbit, goat or hog farms, or commercial chicken or poultry ranches 3. No fur-bearing animals with the exception of cattle, horses, goats, and sheep 4. Crops and tree farming and the necessary buildings With a Conditional Use Permit: 5. Guest ranches and summer camps 6. Riding academies and public stables 7. Animal hospital, commercial dairies and kennels 8. Private and public parks and recreation areas 9. 4-H or similar projects |
RL | 1. Single family residential 2. Accessory buildings incidental to a single family dwelling located on the same lot or parcel of land, including a private garage |
RSF | 1. Single family residential 2. Accessory buildings incidental to a single family dwelling located on the same lot or parcel of land, including a private garage |
RD | 1. Any use permitted in the RSF zone 2. A two family dwelling or two one family dwellings 3. The accessory buildings necessary to use, located on the same lot or parcel of land |
RM | 1. Any use permitted in the RSF and RD zones 2. Three family dwelling, four family dwellings and bungalow courts 3. The accessory building necessary to such use located on the same lot or parcel of land |
RH | 1. Any use permitted in the RSF, RD and RM zones 2. Group dwellings, multiple family dwellings, apartment houses and, apartment hotels (including Single-Room Occupancy units) 3. The accessory building necessary to such use located on the same lot or parcel of land 4. Emergency Shelters (subject to the standards outlined in Chapter 17.58.130 of this Development Code) |
§ 17.07.035 Supportive and Transitional Housing.
Supportive and Transitional Housing as defined in Article VII—Development Code Definitions, shall be allowed in all residential zoning districts and are not subject to any restrictions (e.g., occupancy limit) not imposed on similar dwellings (e.g., single family home, apartments) in the same zone in which the supportive housing and transitional housing is located.
§ 17.07.040 Residential Zoning District General Development Standards.
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-3, in addition to any other applicable requirements of this Chapter, and the development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards).
Note: In accordance with Government Code Section 65852.3 the siting and permit process for manufactured housing in the same manner as a conventional or stick-built structure.
TABLE 2-3 RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS | ||||||
|---|---|---|---|---|---|---|
REQUIREMENT BY ZONING DISTRICT | ||||||
Zoning District | RS | RL | RSF | RD | RM | RH |
Minimum Lot Size | 1 acre | ½ acre | 8,000 sq. ft. | 8,000 sq ft. | 8,000 sq. ft. | 4,000 sq. ft. |
Density | 1 du/acre | 1 du/½ acre | 1 du/8,000 sq. ft.(4) | 1 du/4,000 sq. ft. | 1 du/3,000 sq. ft. | 1 du/2,000 sq. ft. |
Lot Width | ||||||
Setbacks Required | Minimum setbacks required unless otherwise shown on the Zoning Map, Subdivision Map, or Planned Development. See 17.30.120 (Setback Requirements and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions to required setbacks. | |||||
Front | 25 | 25 | 10 or 15(1) (2) | 10 or 15(1) | 15 | 10 |
Side | 5 | 5 | 5 | 5 | 5 | 5 |
Street Side Corner Lot | 15 | 15 | 15 | 15 | 15 | 10 |
Rear | 10 | 10 | 10 | 10 | 10 | 10 |
Between Structures | - | - | - | 6(2) | 10(3) | 10(3) |
Building Height | 2.5 stories and 35 feet | 2.5 stories and 35 feet | 2.5 stories and 35 feet | 2.5 stories and 35 feet | 2.5 stories and 35 feet | 4 stories and 50 feet |
(1) | RSF and RD front yard setbacks shall be a minimum of 10 feet for single-story structures and 15 feet for two-story structures. Driveway lengths must be a minimum of 25 feet. |
(2) | RSF front yard setback shall be as established above except where lots comprising 40 percent or more of the frontage on one side of the street between intersecting streets are developed with buildings having an average front yard with a variation of not more than 10 feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established. In determining such front yard depth, buildings located more than 25 feet from the front property line or buildings facing a side street on a corner lot shall not be counted. |
(2) | Six-foot setback between dwelling unit and accessory buildings. |
(3) | Ten-foot setback between dwelling structures and six foot setback between dwellings and accessory buildings. |
(4) | Per Section 17.07.020(C) (Purposes of Residential Zoning District) the RSF minimum lot size may be reduced to 6,000 square feet. |
§ 17.07.045 Personal Use and Cultivation of Marijuana.
The personal use, possession, purchase, transport or dissemination of marijuana shall be considered unlawful in all areas of the City to the maximum extent it is unlawful under California law. To the extent the City is required to allow the cultivation of marijuana for personal use under California law, the regulations set forth in this section shall apply.
A.
Personal Cultivation. For purposes of this section, cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana, conducted by an individual strictly for that individual's personal use, possession, processing, transporting, or giving away without any compensation whatsoever in accordance with this Code and State law, as applicable.
B.
Outdoor Cultivation. Outdoor cultivation is prohibited in all zoning districts of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
C.
Indoor Cultivation. Indoor cultivation of marijuana may only be conducted in residential zoning districts in the City inside a private residence, or inside an accessory building to a private residence located upon the grounds of a private residence that is fully enclosed and secure. All indoor cultivation shall be subject to the following minimum restrictions, which are intended to serve as the City's reasonable regulations of residential indoor marijuana cultivation as provided by Health and Safety Code Section 11362.2(b)(1):
1.
Prior to conducting any cultivation, a person must first obtain and maintain a valid Residential Indoor Marijuana Cultivation (RIMC) permit. The City Manager or his/her designee may develop and issue application and processing guidelines for issuance of RIMC permits, and no RIMC permit shall be granted unless and until a person has fully complied with the application and processing requirements. The City Council is authorized to establish and set reasonable fees by resolution for issuance and renewal of RIMC permits.
2.
The cultivation must be conducted by a person that is 21 years of age or older, and marijuana cultivation areas shall not be readily accessible to persons under 21 years of age.
3.
The following chemicals may not be used or stored in the cultivation area, and if stored elsewhere in the residence must be stored in leak and fireproof containers sufficient to provide storage up to required safety standards:
a.
Explosive gases, including, but not limited to: Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, Oxygen (O2), Carbon dioxide (CO2) or Hydrogen (H2).
b.
Dangerous poisons, toxins, or carcinogens, including, but not limited to: Methanol, Isopropyl Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, or Tri-choro-ethylene.
5.
Renters must obtain the prior written consent of their landlord or the property owner for any cultivation permitted under this section.
6.
Structures used for cultivation shall comply with all laws concerning building and construction of structures, including, without limitation and as applicable, the Development Code, the California Building Code, Electrical Code, and Fire Code, as adopted by the City of Jackson.
7.
Marijuana cultivation lighting shall not exceed a total of 1,200 watts for the cultivation area with-in the private residence.
8.
The indoor use of generators and/or the indoor use of gas products, including, without limitation, CO2, butane, propane, and natural gas shall be prohibited for the cultivation of marijuana.
9.
The private residence shall maintain a fully functional kitchen, bathroom, and bedroom facilities for use by occupants, and the private residence shall not be used primarily for marijuana cultivation.
10.
Any private residence or accessory building used for cannabis cultivation shall contain a lock on the entry door, which shall remain locked at all times, except when the accessory building is in use or occupied by a person over 21 years of age
11.
Marijuana cultivation activities, including marijuana plants and any equipment used for cultivation shall not be visible from a public right-of-way.
D.
Enforcement. Any violation of this section is declared to be a public nuisance and may be abated by the City pursuant to Chapter 8.16 of this Code. Additionally, a violation of this section shall either be a misdemeanor or an infraction at the discretion of the prosecuting attorney, except to the extent such conduct is immune from criminal liability pursuant to State law. This section is cumulative of any other remedy granted to the City by law, and shall not prohibit the City from abating violations of this section by any available administrative, civil or other non-criminal means.
E.
Applicability. No part of this section shall be construed to allow any conduct or activity relating to the cultivation, distribution, dispensing, sale, or consumption of marijuana that is otherwise illegal under local or state law, nor is it intended to give any person or entity independent legal authority to cultivate marijuana or operate a marijuana business. No provision of this article shall be deemed a defense or immunity to any action brought against any person by the Amador County District Attorney's office, the Attorney General of the State of California or the United States of America.
(Ord. 702 §6, 2017)
§ 17.12.010 Purpose of Chapter.
This Chapter provides regulations applicable to existing development and new land uses in the commercial, office, and industrial zoning districts established by Section 17.06.020 (Zoning Districts Established).
§ 17.12.020 Purposes of Commercial, Office, and Industrial Districts.
The purposes of the individual commercial, office, and manufacturing/industrial zoning districts and the manner in which they are applied are as follows. Commercial land use designations are also hierarchical. Hierarchical means less intense commercial uses will be allowed in each designation. Residential uses will be allowed as specified in each designation. The standards in Table 2-3 will apply to any residential development in the Commercial, Office, and Industrial Zones.
The hierarchy from less to more intense is as follows: PO, LC, HC, C, and I.
A.
PO - Professional Office. The professional office designation is intended for low intensity "soft commercial" land uses such as medical and legal offices. Minimum parcel or lot size is 8,000 square feet. Dwelling units shall be allowed within this designation.
B.
LC - Limited Commercial. The "LC" designation is intended to accommodate existing business within predominantly residential neighborhoods. Limited Commercial allows for any use allowed in the Commercial (C) designation with the exception of those which generate high volumes of traffic or noise. Minimum parcel or lot size is 8,000 square feet. Dwelling units are allowed in areas with the "LC" designation.
C.
HC - Historic Commercial. The "HC" designation is applied to the downtown area of the City where the bulk of the commercial activities are related to tourism and the buildings are historic. Proposed uses in the HC land use designation would include any use allowed in the Limited Commercial and Professional Office designations along with retail or wholesale stores or businesses not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises. Residential uses are allowed within this designation.
D.
C - Commercial. The "C" designation is applied to those areas of the City where retail, commercial and professional business services are acceptable. Minimum lot size is 8,000 square feet. Residential uses are allowed only with a Conditional Use Permit.
E.
I - Industrial. The industrial designation is intended for land which is suitable for manufacturing and light industrial uses. Residential uses may be allowed in an area designated industrial with a Conditional Use Permit. Minimum lot size is 8,000 square feet.
§ 17.12.030 Commercial, Office and Industrial District Land Uses and Permit Requirements.
General land use permit requirements. Table 2-4 identifies the uses of land allowed by this Development Code in the commercial, office, and manufacturing/industrial zoning districts, and the land use permit required to establish each use, in compliance with Section 17.06.040 (Zoning District Regulations).
TABLE 2-4 COMMERCIAL, OFFICE, AND INDUSTRIAL DISTRICT ALLOWABLE LAND USES | |
|---|---|
Land use | Allowable uses |
PO | 1. Barber Shops |
2. Beauty Salons | |
3. Child Care Facilities | |
4. Delicatessens with a seating capacity of 40 or less | |
5. Dentists Offices | |
6. Doctors Offices | |
7. Legal Services | |
8. Offices—Business or professional | |
9. Personal Services | |
10. Public utility business offices | |
11. Residential Uses (Single or Multi-Family). | |
12. Voice, video, and data transmission facilities | |
LC | 1. Uses listed in the PO zone |
2. Retail or wholesale stores or business under 3,000 square feet in size not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises and not more than 50 percent of the floor area of the building is used in the manufacture or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust, smoke, vibration or other similar causes | |
3. Automobile parking areas | |
4. Child care facilities | |
5. Bakeries, employing not more than 10 persons on premises | |
6. Bars as part of a restaurant | |
7. Blueprinting and photostating shops | |
8. Bus terminals and taxi stands | |
9. Churches, temporary revivals | |
10. Cleaning and pressing establishments using non-inflammable and non-explosive cleaning fluid | |
11. Conservatories of music | |
12. Destination resorts and inns with a maximum of 12 rooms | |
13. Grocery, fruit and vegetable stores, supermarkets | |
14. Hardware stores | |
15. Hotels and Motels with less than 12 rooms | |
16. Interior decorating shops | |
17. Large Retail Establishments (LREs) under 20,000 square feet | |
18. Nurseries and flower or plant greenhouses | |
19. Performing arts facilities | |
20. Pet Stores | |
21. Plumbing shops | |
22. Radio and television stores | |
23. Recreational Centers | |
24. Residential Uses (Single or Multi-Family). | |
25. Restaurants, tea rooms, cafes, banquet rooms, and refreshments stands not including drive-through restaurants | |
26. Self-service laundries or launderettes | |
27. Tattoo and body art studios | |
28. Telephone and public utility buildings and business offices | |
29. Theaters, including drive-in theaters | |
30. Trade schools and recreation centers, other than amusement centers, which are not otherwise objectionable due to noise, odor, dust, smoke, vibrations, or other similar causes | |
31. Upholstery shops (not including auto and boat upholstery) | |
32. Wedding chapels | |
33. All types of storage facilities, including truck repair | |
With a Conditional Use Permit: | |
34. Arcades | |
35. Bars not associated with a restaurant | |
36. Liquor Stores | |
37. Pawn Shops | |
HC | 1. Uses listed in the PO and LC zones |
2. Retail or wholesale stores or business not involving any kind of manufacture or processing | |
3. Automobile parking areas | |
4. Bakeries | |
5. Banks | |
6. Bars as part of a restaurant | |
7. Bus terminals and taxi stands | |
8. Churches | |
9. Copy/fax/mail box stores | |
10. Dry Cleaning and pressing establishments using non-inflammable and non-explosive cleaning fluid | |
11. Department Stores | |
12. Appliance stores | |
13. Express offices | |
14. Furniture stores | |
15. Grocery stores | |
16. Hardware stores | |
17. Hotels | |
18. Interior decorating shops | |
19. Medical laboratories | |
20. Motels | |
21. Music stores and schools | |
22. Nurseries and flower shops | |
23. Pet stores | |
24. Plumbing shops | |
25. Radio and television stores | |
26. Radio and television stations | |
27. Residential Uses (Single or Multi-Family). | |
28. Restaurants | |
29. Theaters | |
30. Trade Schools | |
31. Utility Offices | |
With a Conditional Use Permit: | |
32. Arcades | |
33. Bars not associated with a restaurant | |
34. Child Care Facilities | |
35. Liquor Stores | |
36. Pawn Shops | |
C | 1. Uses listed in the PO, LC, and HC zones |
2. Retail or wholesale stores or business under 20,000 square feet without a conditional use permit not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises and not more than 50 percent of the floor area of the building is used in the manufacture or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust, smoke, vibration or other similar causes | |
3. Arcades | |
4. Automobile parking areas | |
5. Automobile service stations, including super-service stations and repair garages | |
6. Bakeries, employing not more than 10 persons on premises | |
7. Banks | |
8. Bars | |
9. Blueprinting and photostating shops | |
10. Body and fender repair shops, auto painting shops | |
11. Bowling alleys | |
12. Bus terminals and taxi stands | |
13. Churches, temporary revivals | |
14. Cleaning and pressing establishments using non-inflammable and non-explosive cleaning fluid | |
15. Conservatories of music | |
16. Department stores | |
17. Destination resorts and inns | |
18. Electric appliance stores and repairs | |
19. Furniture stores | |
20. Grocery, fruit and vegetable stores, supermarkets | |
21. Hardware stores | |
22. Hotels | |
23. Interior decorating shops | |
24. Medical laboratories | |
25. Motels, auto courts and tourist courts | |
26. Music stores and music and vocal instructions | |
27. New and used car lots | |
28. Nurseries and flower or plant greenhouses | |
29. Performing arts facilities | |
30. Pet Stores | |
31. Plumbing shops | |
32. Radio and television stores | |
33. Recreational Centers | |
34. Restaurants, tea rooms, cafes, banquet rooms, and refreshments stands including drive-through restaurants | |
35. Self-service laundries or launderettes | |
36. Tattoo and body art studios | |
37. Telephone and public utility buildings and business offices | |
38. Television and radio studios | |
39. Theaters, including drive-in theaters | |
40. Trade schools and recreation centers, other than amusement centers, which are not otherwise objectionable due to noise, odor, dust, smoke, vibrations, or other similar causes | |
41. Upholstery shops (not including auto and boat upholstery) | |
42. Wedding chapels | |
43. All types of storage facilities, including truck repair | |
With a Conditional Use Permit: | |
44. Residential uses—all densities | |
45. Large Retail Establishments (LREs) over 20,000 square feet. | |
46. Pawn Shops | |
47. Building material storage yard, construction storage yard | |
48. Childcare Facilities | |
I | 1. All uses allowed in the PO, LC, HC, and C zones |
2. Assembly and storage of goods, materials, liquids and equipment (except storage of flammable or explosive matter) | |
3. Wholesale and storage warehouses | |
4. Manufacturing, process, fabricating, refining, repairing, packaging or treatment of goods, material, or produce by electric or solar power, oil, or gas (except operations involving fish fats and oils, bones and meat products, or similar substances commonly recognized as creating offensive conditions in the handling thereof) | |
5. Dyeing and dry-cleaning plants, rug cleaning plants, laundries | |
6. Cabinet shops, construction and material yards (except gravel, rock, and cement material yards) | |
7. Body and fender repair shops, auto painting shops | |
8. Cooperage and bottling works | |
9. Sheet metal shops, welding shops | |
10. Truck terminals | |
11. Upholstery shops | |
With a Conditional Use Permit: | |
12. Auto wrecking yards | |
13. Wholesale lumber yards | |
14. Pottery kilns and ceramic works of heavy industrial types | |
15. Concrete batching plants | |
16. Blacksmith shops, casing foundries | |
17. Building material storage yard, construction storage yard | |
18. Junk yard | |
§ 17.12.040 Commercial, Office, and Industrial District General Development Standards.
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-4, in addition to any other applicable requirements of this Chapter, and the development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards).
TABLE 2-5 COMMERCIAL, OFFICE, AND INDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS | |||||
|---|---|---|---|---|---|
DEVELOPMENT FEATURE | REQUIREMENT BY ZONING DISTRICT | ||||
PO | LC | HC | C | I | |
Minimum Lot Size | 8,000 sq. ft. | 8,000 sq. ft. | None | 8,000 sq. ft. | 8,000 sq. ft |
Maximum Building footprint | 20,000 sq. ft.(1) | 20,000 sq. ft.(1) | 5,000 sq. ft. | 20,000 sq. ft.(1) | 20,000 sq. ft.(1) |
Front Yard Setback | 10 ft. | 10 ft. | None | 10 ft. | 10 ft. |
Side Yard Setback | 5 ft. | 5 ft. | None | None | None |
Rear Yard Setback | 10 ft. | 10 ft. | 10 ft. | 10 ft. | 10.ft. |
Site Coverage | 70% | 80% | 100% | 100% | 100% |
Height Limit | 2 stories or 35 ft. | 2 stories or 35 ft. | 4 stories or 70 ft. | Wall height not greater than 30 ft.(2) | 4 stories or 70ft. |
(1) | Structures over 20,000 square feet may be allowed with a Conditional Use Permit obtained in accordance with Section 17.76 (Use Permits and Minor Use Permits) of this Development Code. |
(2) | Wall height excludes architectural features. Exceptions to this development standard may be allowed by the Planning Commission if the overall architectural design is superior with a taller wall. |
§ 17.12.050 Commercial and Manufacturing District Performance Standards.
All land uses proposed in the Commercial, Office and Industrial zoning districts shall be operated and maintained so as to not be injurious to public health, safety or welfare, and shall comply with the following standards:
A.
Air emissions. No approved land use shall generate or cause any visible dust, gasses, or smoke to be emitted into the atmosphere, except in accordance with the air quality regulations of the Amador Air District and the California Air Resources Board or for the operation of motor vehicles on the site.
B.
Glare and heat. No direct or sky-reflected glare or heat, whether from floodlights or from high temperature processes (including combustion or welding or otherwise) shall be visible or felt at the property line.
C.
Ground vibration. No approved land use shall generate ground vibration perceptible without instruments at any point along or outside of the property line of the use, except for motor vehicle operations.
D.
Odor. No approved land use shall generate or emit any obnoxious odor or fumes perceptible at the property line.
§ 17.16.010 Purpose of Chapter.
This Chapter regulates development and new land uses in the special purpose zoning districts established by Section 17.06.020 (Zoning Districts Established).
§ 17.16.020 Purposes of Special Purpose Zoning Districts.
The purposes of the individual special purpose zoning districts and the manner in which they are applied are as follows:
A.
P - Public and Institutional Zoning District applies to lands with public or quasi-public uses such as schools, hospitals, churches, and City and County offices.
B.
R - Recreation Zoning District is applied to lands where passive and/or active recreational facilities are to be located and protected from conflicting uses.
C.
OS - Open Space Zoning District intended to be undeveloped and left in a natural state. Some land-scaped areas, pedestrian pathways and plazas may be allowed.
§ 17.16.030 Special Purpose District Land Uses and Permit Requirements.
A.
General requirements. Table 2-6 identifies the uses of land allowed by this Development Code in each special purpose zoning district, and the land use permit required to establish each use, in compliance with Section 17.06.040(B). (Zoning District Regulations—Determination of allowable land uses and permit requirements).
§ 17.16.040 Special Purpose District General Development Standards.
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-6, in addition to any other applicable requirements of this Chapter, and the development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards).
TABLE 2-6 SPECIAL PURPOSE DISTRICT GENERAL DEVELOPMENT STANDARDS | |||
|---|---|---|---|
DEVELOPMENT FEATURE | Requirements by zoning district | ||
P | R | OS | |
Minimum Lot Size | 8,000 square feet | Determined through the subdivision process | Determined through the subdivision process |
Front Set Back | 10 feet | — | — |
Side Set Back | 5 feet | — | — |
Rear Set Back | 10 feet | — | — |
Site Coverage | 70% | — | — |
Height Limit | 3 stories or 55 feet | — | — |
Landscaping | As required by Chapter 17.40 (Landscape Standards) | ||
Parking Requirements | As required by Chapter 17.50 (Parking Design Guidelines) | ||
§ 17.20.010 Purpose of Chapter.
The overlay zoning districts established by this Chapter provide guidance for development and new land uses in addition to the standards and regulations of the primary zoning districts, where important site, neighborhood, or compatibility issues require particular attention in project planning.
§ 17.20.020 Applicability.
The applicability of any overlay zoning district to specific sites is shown by the overlay Zoning Map symbol established by Section 17.06.020 (Zoning Districts Established), being appended as a suffix to the symbol for the primary zoning district on the Zoning Map (for example, RSF (pd)). The provisions of this Chapter apply to proposed land uses and development in addition to all other applicable requirements of this Development Code. In the event of any perceived conflict between the provisions of this Chapter and any other provision of this Development Code, this Chapter shall control.
§ 17.20.030 Planned Development (pd) Overlay.
A.
Purpose. The Planned Development (pd) Overlay is intended to encourage planned developments with a mixture of land uses including different densities of residential units, professional office uses, commercial uses, and public and recreational uses.
B.
Applicability. The (pd) overlay is applied to lands that are presently largely undeveloped where planned unit developments or neighborhood developments are encouraged. The (pd) overlay may be combined with any residential, commercial, manufacturing/industrial, or special purpose zoning district established by Section 17.06.020 (Zoning Districts Established). The (pd) overlay is established and shown on the Zoning Map.
C.
Allowed land uses and development standards. Any land use normally allowed in the primary zoning district by this article may be allowed within the (pd) overlay subject to compliance with all applicable requirements of the primary zoning district, and all other applicable provisions of this Development Code.
D.
Permit requirements. Development and new land uses designated with a (pd) overlay shall require the Planning Commission approval of development plans that show how projects in these areas will conform to all general plan goals, policies, objectives and design guidelines.
§ 17.20.040 Creek/Floodplain (cf) Overlay.
A.
Purpose. The Creek/Floodplain (cf) Overlay is intended for those areas of the City adjacent to the Jackson Creek or a tributary thereof where sensitivity and special attention is required in project design, including but not limited to setbacks from the creek, preservation of public access to the river corridor, and protection of natural environmental features such as riparian vegetation, wetlands, and wildlife habitat. The (cf) overlay area is delineated on the Federal Emergency Management Agency Flood Insurance Rate Map for the City of Jackson.
B.
Applicability. The (cf) overlay may be combined with any residential, commercial, manufacturing/industrial, or special purpose zoning district established by Section 17.06.020 (Zoning Districts Established).
C.
Allowed land uses and permit requirements. Any land use normally allowed as a permitted or conditional use in the primary zoning district by this article may be allowed within the (cf) overlay subject to the development standards.
D.
Development standards. Proposed development and new land uses within the (cf) overlay shall comply with the development standards of the primary zoning district, all other applicable provisions of this Development Code, and the following requirements:
1.
Setback requirements. Proposed development shall be set back from the Jackson Creek or any tributary thereof 100 year floodplain based on the unique topographic features of each site within the (cf) overlay zone. Specific setbacks shall be established through the project approval process.
3.
Revegetation requirements. In order to prevent bank erosion and restore wildlife habitat, a riparian revegetation program shall be required prior to approval of a new development project on property where past development practices have resulted in removal of most or all riparian vegetation from the creek bank. The riparian vegetation program shall be prepared by a qualified biologist or landscape architect, who shall determine the appropriate mix and density of species to restore wildlife values over time and protect from bank erosion.
§ 17.20.050 Visual Corridor (vc) Overlay.
A.
Purpose. The creation of the Visual Corridor (vc) Overlay is to protect the scenic views enjoyed by everyone as they enter the City of Jackson from both the north and south of town.
B.
Applicability. The (vc) overlay may be combined with any residential, commercial, manufacturing/industrial, or special purpose zoning district established by Section 17.06.020 (Zoning Districts Established). The (vc) overlay is established, and shall be applied and shown on the Visual Corridor Map to those areas of the City with scenic views.
C.
Allowed land uses. Any land use normally allowed as a permitted use in the primary zoning district by Tables 2-3, 2-5, or 2-7 (Allowable Land Uses and Permit Requirements) may be allowed within the (vc) overlay zoning district. Land uses identified by Tables 2-3, 2-5, or 2-7 that require a conditional use permit shall be prohibited within the (vc) overlay district.
D.
Permit requirements. Development and new land uses within the (vc) overlay district shall obtain the land use permit required by this article for the primary zoning district.
E.
Development standards. Proposed development and new land uses within the (vc) overlay zoning district shall comply with the development standards of the primary zoning district, all other applicable provisions of this Development Code, any conditions of approval providing measures to preserve and protect existing resources, and the following requirements:
1.
The architectural style of structures within the (vc) overlay shall be compatible with historic structures in the Jackson area.
2.
The height of structures within the (vc) overlay shall not block the surrounding view shed's points of interest (including but not limited to the Kennedy Wheels, the Serbian Orthodox Church, and the Kennedy Mine structures).
3.
Development within the (vc) overlay shall be clustered near roads (with appropriate set-backs) as much as feasible. This would maximize the amount of open space within the corridor.
4.
Development within the (vc) overlay shall be landscaped to minimize all structures' visual impact to the greatest extent possible.
§ 17.20.060 Historic Corridor (hc) Overlay.
A.
Purpose. The Historic Corridor (hc) overlay is intended to safeguard the City's unique cultural heritage as embodied and reflected in the City's architectural history and patterns of cultural development; to preserve diverse architectural styles, patterns of development, and design preferences reflecting phases of the City's history; to protect and enhance the City's attraction to tourists and visitors thereby stimulating business and industry; to identify as early as possible and resolve conflicts between the preservation of cultural resources and alternative land uses; to integrate the preservation of cultural resources into public and private land use management and development processes. Development standards for this district address new development, alterations and modifications to existing buildings and structures, demolition of historic buildings and structures, and the identification and protection of subsurface historic and archaeological resources.
B.
Applicability. The (hc) overlay may be combined with any residential, commercial, manufacturing/industrial, or special purpose zoning district established by Section 17.06.020 (Zoning Districts Established). The (hc) overlay is established, and shall be applied and shown on the Historic Corridor Map to those areas of the City with concentrations of historic buildings and structures that contribute to the City's historic character.
C.
Allowed land uses. Any land use normally allowed in the primary zoning district may be allowed with-in the (hc) overlay.
D.
Permit requirements. Proposed development and new land uses within the Historic Corridor (hc) Overlay shall obtain the land use permits required by this article for the primary zoning district.
E.
Development standards. Proposed development and new land uses within the (hc) overlay shall comply with all applicable requirements of the primary zoning district, all other applicable provisions of this Development Code, and the applicable requirements of Chapter 17.26 (Historic Preservation Design Guidelines). Additionally, new construction or redevelopment within the Historic Corridor shall be consistent with the late nineteenth century character of the Jackson area and shall meet the following criteria:
F.
Demolition or destruction. No historic resource, or portion thereof, shall be relocated, moved, torn down, or demolished, except in compliance with the requirements of Chapter 17.83 (Demolition Review).
G.
Duty to keep in good repair. The owner, occupant, or other person in charge of an historic resource or an improvement, building, or structure in the (hc) overlay shall keep in good repair all of the exterior portions of such improvement, building, or structure, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. All such improvements, buildings, or structures shall be preserved against such decay and be kept free from such structural defects through the prompt repair of any of the following:
1.
Facades and respective architectural elements which may fall and injure members of the public and property;
2.
Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;
3.
Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which age, split, or buckle due to defective material or deterioration;
4.
Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors;
5.
Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering; and
6.
Any fault or defect in the building which renders it not properly watertight or structurally unsafe.
§ 17.24.010 Purpose of Chapter.
The purpose of this Chapter is to ensure that the City of Jackson's goals for attaining high quality development that is sensitive to the City's unique character are met. Architectural regulations have been developed which will be used during the review of land use permit applications as additional criteria for project review.
§ 17.24.020 Architectural Regulations.
The City Council shall adopt by resolution architectural regulations to be utilized in decision making by the appropriate review authority as specified in Chapter 17.70, Application, Processing, and Fees, and the architectural regulations. The architectural regulations shall include criteria for all aspects of structure and site design. The architectural regulations shall be made available to assist property owners, architects, contractors, and realtors in complying with this Chapter.
§ 17.24.030 Applicability.
A.
The provisions of this Chapter apply to all projects (additions, remodeling, relocation, or new construction) in the City of Jackson. The design elements of each project (including site design, architecture, landscaping, signs, parking design) will be reviewed on a comprehensive basis. Design guidelines and standards in other Chapters of this Development Code dealing with signs, landscaping, and parking shall also be addressed whenever applicable.
B.
The review authority may interpret the architectural regulations with some flexibility in their application to specific projects, as not all design criteria may be workable/appropriate for each project. In some circumstances, one standard may be relaxed to facilitate compliance with another standard determined by the review authority.
§ 17.28.010 Purpose.
The purpose of this section is to create an expedited and streamlined electric vehicle charging station permitting process that complies with Government Code Sections 65850.7 and 65850.71 to achieve the timely and cost-effective installation of electric vehicle charging stations. Pursuant to Government Code Section 65850.7 and notwithstanding any other provision of this code pertaining to conditional or accessory uses, only an electrical permit shall be required for an electric vehicle charging station.
(Ord. 726 § 2, 2022)
§ 17.28.020 Definitions.
includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit.
means the chief building official of the city or his or her designee.
means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
means the utilization of one or more of the following:
(Ord. 726 § 2, 2022)
§ 17.28.030 Electrical Vehicle Charging Station Requirements.
A.
The electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission and the local electric utility company regarding safety and reliability.
B.
Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
C.
Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
D.
Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.
(Ord. 726 § 2, 2022)
§ 17.28.040 Expedited Permitting Process.
Consistent with Government Code Section 65850.7, the building official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "ZeroEmission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The city's adopted checklist shall be published on the city's website.
(Ord. 726 § 2, 2022)
§ 17.28.050 Permit Application Process.
A.
Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.
B.
A permit application that satisfies the information requirements in the city's adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize or utilize the electric vehicle charging station until approval and all necessary permits are granted by the city.
C.
If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
D.
The building official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
(Ord. 726 § 2, 2022)
§ 17.28.060 Permit Review.
A.
The building official shall review all electric vehicle charging station applications. Notwithstanding the expedited permit processing set forth in this chapter, the building official retains authority at all times to identify and address higher priority life-safety situations.
B.
If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city may require the applicant to apply for a conditional use permit. The building official's decision may be appealed by the applicant to the planning commission.
C.
An application for a conditional use permit to install an electric vehicle charging station shall not be denied unless the planning commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the planning commission's decision may be appealed by the applicant to the city council pursuant to Chapter 17.140.
D.
In the technical review of a charging station application, the building official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
E.
Upon confirmation by the building official that the permit application and supporting documents meet the requirements of the city adopted checklist, and is consistent with all applicable laws and health and safety standards, the building official shall, consistent with Government Code Section 65850.7, as may be amended, approve the application and issue all necessary permits.
F.
An application to install an electric vehicle charging station submitted to the building official of the city shall be deemed complete if, after the applicable time period has elapsed, both of the following are true:
1.
The building official has not deemed the application complete, consistent with the checklist created by the city pursuant to Government Code Section 65850.7(g).
2.
The building official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the building official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with subdivisions (b) and (g) of Government Code Section 65850.7.
G.
For purposes of subsection F, "applicable time period" means either of the following:
1.
Five business days after submission of the application to the city if the application is for at least one, but not more than 25 electric vehicle charging stations at a single site.
2.
Ten business days after submission of the application to the city if the application is for more than 25 electric vehicle charging stations at a single site.
H.
An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in subsection G has elapsed and all of the following are true:
1.
The building official has not administratively approved the application pursuant to Government Code Section 65850.7(b).
2.
The building official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety or required the applicant to apply for a use permit pursuant to Government Code Section 65850.7(b).
3.
The building official of the city has not denied the use permit pursuant to Government Code Section 65850.7(c).
4.
An appeal has not been made to the planning commission pursuant to Government Code Section 65850.7(d).
I.
For purposes of subsection H, "applicable time period means" either of the following:
1.
Twenty business days after the application was deemed complete, if the application is for at least one, but not more than 25 electric vehicle charging stations at a single site.
2.
Forty business days after the application was deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.
J.
If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the city shall reduce the number of required parking spaces for existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.
(Ord. 726 § 2, 2022)